`571-272-7822
`
` Paper 10
`
` Entered: June 8, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`CIPLA LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00807
`Patent 8,168,620 B2
`____________
`
`
`
`Before BRIAN P. MURPHY, ZHENYU YANG, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motion for Pro Hac Vice
`Admission of Uma N. Everett
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2017-00807
`Patent 8,168,620 B2
`
`
`
`
`
`
`On May 30, 2017, Patent Owner filed a motion for pro hac vice
`admission of Uma N. Everett. Paper 8 (“Motion”). Patent Owner submitted
`an affidavit from Ms. Everett in support of the Motion. Ex. 2139. Patent
`Owner asserts that Petitioner does not oppose the Motion. Motion 1. Upon
`review of the record before us, and for the reasons set forth below, Patent
`Owner’s Motion is granted.
`In accordance with 37 C.F.R. § 42.10(c), we may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause. In
`authorizing a motion for pro hac vice admission, the Board requires the
`moving party to provide a statement of facts showing there is good cause for
`the Board to recognize counsel pro hac vice and an affidavit or declaration
`of the individual seeking to appear in the proceeding. See Paper 5, 2 (citing
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB
`Oct. 15, 2013) (Paper 7) (representative “Order – Authorizing Motion for
`Pro Hac Vice Admission”)).
`Based on the facts set forth in the Motion and the accompanying
`affidavit, we conclude that Ms. Everett has sufficient legal and technical
`qualifications to represent Patent Owner in this proceeding, that Ms. Everett
`has demonstrated sufficient familiarity with the subject matter of this
`proceeding, and, that there is a need for Patent Owner to be represented by
`counsel with litigation experience. See Ex. 2139 ¶¶ 12–16. Ms. Everett has
`also attested that (1) she has read and will comply with the Board’s Rules of
`Practice for Trials as set forth in Part 42 of Title 37, Code of Federal
`Regulations and the Office Patent Trial Practice Guide, and that (2) she
`agrees to be subject to the USPTO Rules of Professional Conduct set forth in
`
`
`
`2
`
`
`
`IPR2017-00807
`Patent 8,168,620 B2
`
`
`
`
`
`
`37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
`§ 11.19(a). Id. at ¶¶ 9–10. Accordingly, Patent Owner has established good
`cause for pro hac vice admission of Ms. Everett. Ms. Everett will be
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that a power of attorney in accordance with
`37 C.F.R. § 42.10(b) was submitted for Ms. Everett. Paper 3. We further
`note that Patent Owner’s Updated Mandatory Notice (Paper 9, 2) identifies
`Ms. Everett as back-up counsel. See 37 C.F.R. § 42.8(b)(3). Therefore,
`another updated mandatory notice identifying Ms. Everett as back-up
`counsel is not required.
`Accordingly, it is hereby:
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`Uma N. Everett (Paper 8) is granted, and Ms. Everett is authorized to act as
`back-up counsel in the instant proceeding only;
`FURTHER ORDERED that Patent Owner shall continue to have a
`registered practitioner as lead counsel in the instant proceeding;
`FURTHER ORDERED that Ms. Everett shall comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`set forth in Title 37, Part 42 of the Code of Federal Regulations;
`FURTHER ORDERED that Ms. Everett is subject to the USPTO
`Rules of Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq. and
`the USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`3
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-00807
`Patent 8,168,620 B2
`
`
`
`FOR PETITIONER:
`
`Michael R. Houston, Ph.D.
`Joseph P. Meara, Ph.D.
`James P. McParland, Ph.D.
`FOLEY & LARDNER LLP
`mhouston@foley.com
`jmeara@foley.com
`jmcparland@foley.com
`
`Tyler C. Liu
`ARGENTUM PHARMACEUTICALS LLC
`tliu@agpharm.com
`
`
`
`FOR PATENT OWNER:
`
`Dennies Varughese
`Deborah A. Sterling
`Adam C. LaRock
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dvarughe-PTAB@skgf.com
`dsterlin-PTAB@skgf.com
`alarock-PTAB@skgf.com
`
`
`
`
`4
`
`
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